PREFILED    DEC 29 2025

REFERENCE TITLE: campaign finance; state authority.

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SCM 1003

Introduced by

Senator Finchem

A CONCURRENT Memorial

Urging the Congress of the United States of America to amend the Constitution to allow states to REGULATE and limit CAMPAIGN finance.

(TEXT OF BILL BEGINS ON NEXT PAGE)

To the Congress of the United States of America:

Your memorialist respectfully represents:

      Whereas, the Constitution of Arizona recognizes that "[a]ll political power is inherent in the people, and governments derive their just powers from the consent of the governed"; and

      Whereas, article VII, section 16 of the Constitution of Arizona recognizes the public's compelling interest in knowing the sources of spending in campaigns, provided that "[t]he legislature, at its first session, shall enact a law providing for a general publicity, before and after election, of all campaign contributions to, and expenditures of campaign committees and candidates for public office"; and

      Whereas, the Tenth Amendment to the United States Constitution affirms that any powers not delegated to the federal government are reserved to the states or the people reinforcing the principle of federalism; and

      Whereas, the states have long served as laboratories of democracy, uniquely positioned to establish election laws and policies that reflect the needs and interests of their citizens; and

      Whereas, the people of Arizona have compelling sovereign interests in fostering robust political debate and self-government, protecting the free speech interests of all individuals, securing liberty and political equality of Arizona's citizens, guarding against corruption and advancing federalism; and

      Whereas, a robust system of state-led election governance strengthens self-government, promotes accountability and preserves the integrity of the electoral process by ensuring that the people of each state determine how best to protect their representation and participation in democratic processes; and

      Whereas, the framers of the United States Constitution recognized the role of the states in structuring election laws and mechanisms, understanding that a one-size-fits-all federal approach is neither necessary nor desirable; and

      Whereas, the people of Arizona and other states have a vested interest in ensuring that their electoral processes remain responsive to their needs and are free from disproportionate influence by entities or individuals that may not reflect the priorities of the electorate; and

      Whereas, contrary to the original meaning of the First Amendment, over the past five decades the Supreme Court of the United States has gradually come to equate unlimited election spending with free speech, and this judicial activism has interfered with the power of states to decide how best to structure and safeguard their elections; and

      Whereas, the principle of self-governance requires that states retain the ability to establish laws governing the influence of money in elections, particularly the recent influence of foreign money, consistent with their unique circumstances and policy considerations; and

      Whereas, the constitutional amendment process provides an avenue for reaffirming the role of the states in overseeing elections and ensuring that their authority in this realm is preserved.

Wherefore, your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

      1. That the United States Congress uphold the principles of federalism and be the proponents of appropriate action, including a constitutional amendment, that affirms the authority of the states to govern their election processes and establishes the ability of the states to enact policies regarding campaign finance and election influence.

      2. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the Speaker and the Minority leader of the United States House of Representatives, the President and the Minority Leader of the United States Senate and each Member of Congress from the State of Arizona.